A GUIDE TO DIVORCE. The law

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "A GUIDE TO DIVORCE. The law"

Transcription

1 A GUIDE TO DIVORCE Deciding that your marriage has ended can be very difficult. If you are not sure whether your marriage is at an end, there are relationship counselling services which may be useful in helping you to clarify how you feel and which can support you through your separation. You can attend counselling with or without your husband. This legal guide sets out the law and procedure on divorce. When marriages break down there are often other issues that need to be resolved, such as child contact or financial matters. Further advice about these can be found on our legal guides A Guide to Child Contact and A Guide to Financial Arrangements after Marriage Breakdown, which are free to download from the Rights of Women website (see Other useful contacts at the end of this legal guide). The law In order to apply for a divorce you must be legally married. Some foreign or religious marriage ceremonies are not recognised by the law of England and Wales (see below). If you are unsure whether or not you are legally married please consult our legal guide A Guide to Marriage or seek legal advice by telephoning our advice line or consulting a solicitor. You cannot apply for a divorce until you have been married for one year. There is only one ground or reason for divorce. This is that your marriage has irretrievably broken down. In order to prove your marriage has broken down irretrievably you must set out in your divorce petition details of one of five facts: Adultery Your husband has committed adultery with another woman or other women and you find it intolerable to live with him

2 Adultery is sexual intercourse between a married person and a person of the opposite sex who is not their spouse. If your husband admits to committing adultery and consents to the divorce proceeding on this fact, then the divorce should succeed. If he does not admit to committing adultery you will have to provide the court with evidence to prove that he had sexual intercourse with another woman, and this can be very difficult. It is also necessary to prove that it is intolerable to live with your husband but this does not have to be as a consequence of the adultery and can be as a result of some other behaviour. If you continue to live with your husband for 6 months after you find out about his adultery, then you will not be able to apply for a divorce on the basis of that incident of adultery. You may name the woman who committed adultery with your husband in the divorce petition, but if you do this, you will have to serve the divorce papers on her as well as your husband and this will cause further expense and delay if she does not co-operate. Unreasonable behaviour Your husband has behaved in such a way that you cannot reasonably be expected to live with him Unreasonable behaviour can include a wide range of behaviour from serious incidents of domestic violence to refusing to help with household chores. Generally you will need to set out details of 4 or 5 examples of your husband s behaviour. It is helpful, but not essential, to include the first, the worst and the most recent incident of his unreasonable behaviour during the marriage. It is the effect of your husband s behavior on you that is relevant when relying on this ground. If you continue to live with your husband as a couple for 6 months after the last incident of his unreasonable behaviour, you may not satisfy the court that you cannot reasonably be expected to live with him. Desertion Your husband has deserted you for at least two years before you apply for your divorce It is difficult to prove your husband has deserted you unless he left you, you do not know why and you do not know where he is. 2 Years separation with consent You and your husband have been separated for a continuous period of two years and both of you agree to the divorce To prove this you do not necessarily have to have lived in separate homes but you do have to have lived separate lives, for example, eating and doing domestic chores separately. 5 Years separation You and your husband have been separated for a continuous period of five years Your husband can oppose a divorce on this ground if he can argue that ending a marriage would result in grave financial or other hardship to him and it would be wrong in all the circumstances to end the marriage.

3 The procedure First you must complete a divorce petition. This is a legal document sometimes called a Form D8, which will set out details of your marriage including when and where you were married and of the particular fact (see above) that you are relying on to prove your marriage has broken down irretrievably. This is available, along with Notes for Guidance, from your local County Court or can be downloaded from www. hmcourtsservice.gov.uk If you have children who are under 16 or still in full time education, you will also need to fill in a Statement of Arrangements for the Children (SAFC or Form D8A), which is available from your local County Court or can be downloaded from This will set out details of your children, including who they live with and where they go to school. The court will not make any orders in relation to the children in your divorce proceedings. If there are other issues that need to be resolved, such as who a child will live with or child contact arrangements, you will need to make a separate application to the court (see our legal guides A Guide to Child Contact, A Guide to Parental Responsibility, A Guide to Residence and When Parents Separate: Some Common Issues). At the end of the divorce petition there is an opportunity to indicate whether you are intending to make a financial claim against your husband. This is sometimes referred to as the prayer. It is advisable to indicate all financial claims which you might need, as if you do not complete this correctly and later want to make certain claims, you may be prevented from doing so. If you are intending to make a financial claim see our information sheet A Guide to Financial Arrangements after Marriage Breakdown. The forms are designed to be completed without needing a solicitor, but it is important to seek legal advice from a solicitor or our legal advice line before starting divorce proceedings. You may be eligible to get free legal advice or help from a solicitor under the Legal Help Scheme (for further information see Other useful contacts at the end of this legal guide). Once the forms are completed you can commence the divorce process by issuing the petition. Issuing is a legal term and means that the divorce petition (D8) must be taken or sent (with the SAFC if appropriate) to the court together with an original or certified copy of your marriage certificate. If you cannot find your marriage certificate, you can apply for a copy from the Registry Office in the district where you were married or from the General Register Office. This currently costs 7.00 but prices may vary. If your marriage certificate is in another language you will need to arrange to have it translated and the translation certified by a notary public seek legal advice about this. If you apply for the divorce you are the Petitioner and your husband will be the Respondent. Once the divorce petition has been issued it will be sent to your husband. This is called service of the divorce papers. The Court will usually serve the petition by sending it by first class post to the address you have given for your husband in the petition. If postal service is unsuccessful then you can request that a Court Official serve the documents on your husband personally. You are not allowed to serve the papers yourself.

4 So the court can be satisfied that your husband has received the divorce papers he will be asked by the court to sign and return an Acknowledgement of Service form. This must normally reach the court within eight days, starting on the day after he receives the divorce papers, although time limits will be longer if your husband is being served outside England and Wales. The Acknowledgement of Service form allows him to say whether or not he agrees with the contents of the divorce papers and whether he wishes to defend the divorce or contest the arrangements proposed for your children. Defended divorces are rare, as the presentation of a divorce petition is often an indication that the marriage has broken down and consenting to the divorce will not normally affect rights in respect to the finances or the children. A defended divorce can also cost a lot of money, as a court hearing will normally be listed, which you may have to attend. If your husband defends your divorce petition, you should seek legal advice. Legal Aid is not normally available in defended divorces. If your husband has told you that he has received the divorce papers but he refuses to file the Acknowledgement of Service form you can apply to the court to make an order of deemed service. You must prove to the court that your husband has received the divorce papers. If the court is satisfied that your husband has received the papers, it can make an order that your husband was served on a particular date. The court needs your husband s address in order to serve the divorce papers on him. So if you have lost contact with your husband and do not know where he lives or works you may be able to use an alternative method of service. Before requesting an alternative method of service from the court, it is important that you have made every effort to find out where your husband lives from his family, friends, employer and anyone else who knows him. If he still cannot be traced you can apply to the court for substituted service. This means that an alternative means of sending the documents can be used, for example an advertisement in a paper that it is known that your husband reads regularly, or for documents to be left at a different address, for example with a relative. If, in spite of trying the above, your husband cannot be traced, you can apply to a district judge for an order dispensing with service. If the judge is satisfied that sufficient searches have been carried out and your husband cannot be found, the judge can make an order that the divorce can proceed without the divorce papers being served on him. If your husband does not live in England or Wales, the usual methods of service apply and it is not necessary to get the judge s permission for this. If your husband is not defending the divorce the court will then ask you to confirm the details set out in your divorce petition are true. You do this by filling in and swearing an affidavit in front of another solicitor and signing an Application for Directions for Trial. The judge will then consider whether you are entitled to a divorce. You do not have to attend court for a hearing. The Judge simply looks at the paperwork. If the judge is satisfied you are entitled to a divorce, then the Court will send you a Certificate of Entitlement to Decree Nisi.

5 This will give a date and time at which your Decree Nisi will be pronounced at court. Decree Nisi is the preliminary stage of the divorce and does not dissolve the marriage itself. It means the grounds for divorce have been proved. Again you do not have to attend court for this hearing although you can if you want to. Six weeks and one day from the date of your Decree Nisi, you can apply for your Decree Absolute. You will need to fill in and sign an Application for Decree Nisi to be made Absolute and pay a 40 fee. If you do not apply for Decree Absolute for three months after you got your Decree Nisi your husband can apply for it. It is only when Decree Absolute has been granted that your marriage is formally ended and you and your husband are free to marry again if you wish. How long will it take? Even the most straightforward divorce takes between 4 and 6 months and it is often advisable to postpone applying for Decree Absolute until any financial proceedings have concluded as it can affect your rights to live in the family home, to financial recovery, or to deal with your joint finances. If there are difficulties serving your husband with the divorce papers or if your husband contests the divorce it could take longer. How much will it cost? If you are applying for your divorce without the help of a solicitor the court fees for an undefended divorce are currently 340 in total. If you are on a low income the court may be able to waive or reduce the fee if you complete an Application for a fee Remission form (EX160). This form is available from your local County Court or can be downloaded from www. hmcourts-service.gov.uk. Court fees do increase from time to time and you should check with your local County Court or the Court Service for the up to date fees. If you wish to instruct a solicitor to help you with your divorce you may be eligible for free legal advice under the Legal Help Scheme (sometimes called legal aid or public funding ). Please consult Community Legal Advice for further information (see Other useful contacts at the end of this legal guide). This may include preliminary advice on the grounds for divorce, drafting the divorce petition and service of the documents. Please note that Legal Help is not generally available for representation at a defended divorce hearing. If you are not eligible for Legal Help the cost of instructing a solicitor will depend on your individual solicitor s charges. You should ask for an estimate at the beginning of your case. You will need to decide whether you wish to include a claim for your legal costs in your divorce petition. The court may order that your husband should pay all or some of your costs, or you might be able to agree to share the costs between you. Is a religious divorce valid? The law in England and Wales which recognizes divorce is civil law. This means that other forms of personal or religious divorce law such as Islamic law or Jewish law are not legally recognised. For a divorce to be valid in England and Wales, it must be issued in a civil court according to the procedure which has been outlined above.

6 Religious divorces which take place in England and Wales are not recognised by law. What happens if I get divorced in another country? An overseas divorce is a divorce which is obtained in a country outside the UK. Divorces which take place overseas are not automatically legally recognised in England and Wales. This means that a divorce can be valid in the country where it took place, but it will not necessarily be recognised in England and Wales. As a consequence, you may still be married and any subsequent marriage, before being granted a legally recognised divorce, would be void (see below) and bigamous. Bigamy is a civil and criminal offence. The rules recognising overseas divorces are complex and vary depending on which country your divorce took place in. Because of this, we strongly advise that you seek legal advice from a solicitor. Can my husband ask me to leave our home or can I ask him to leave? A person has a right to occupy (live in) a property if they own it (their name is on the title deeds to the property), they have a financial interest in it (because they have made financial contributions) or because it is their matrimonial home. This means that even if your husband owns the property in his sole name you have the right to live there until your marriage ends. This is called Home Rights. The only way that a person can be forced to leave the property if they do not want to is if the court suspends their right to occupy it with an Occupation order. This means that your husband cannot ask you to leave your home, exclude you from it or change the locks. If your husband does any of these things you can apply for an occupation order to enable you to return to the property. If your husband is violent or abusive to you the only way you can exclude him from your home is by applying to the court for an occupation order or, if the police or courts are involved, he is given bail conditions which prevent him from returning (see our legal guide A Guide to Domestic Violence). Judicial separation Married couples who do not want a divorce can apply to the court for a decree of judicial separation. This is also sometimes referred to as a legal separation. Although judicial separation is rare, it can be useful for people who wish to avoid any perceived stigma from divorce but who no longer wish to continue living together. Judicial separation leaves the marriage legally intact, but enables the parties to apply to the court for financial and property orders in exactly the same way that they can upon divorce (see our legal guide A Guide to Financial Arrangements after Marriage Breakdown). Unlike getting divorced, there is no requirement to have been married for a year before applying for a judicial separation. The application process is very similar to that of divorce although it is not necessary to show that the marriage has irretrievably broken down. If you wish to divorce after getting a judicial separation, however, it is necessary to go through the full divorce procedure.

7 Separation agreements Sometimes married couples decide to separate informally without applying for a divorce or judicial separation. In these circumstances, you will remain legally married. If you are in this situation you can draw up an agreement with or without the involvement of a solicitor about how you will manage your finances, for example, in a separation agreement. This is a private agreement and is not binding on the courts. Annulment Annulment is a legal procedure ending a marriage which is different from divorce as it puts the parties back in their original position, as if the marriage had never taken place. This can be a useful option if you don t want to get divorced. To get a decree of nullity your marriage must be void or voidable. A marriage will be void if, for example, either person is already married; the parties to the marriage are of the same gender or where either person is under 16. If your marriage is void it is invalid from the beginning and can be treated as if it never took place. An application for annulment does not need to be made, although it is usually advisable to make an application for annulment. Your marriage may be voidable for a number of reasons including where the marriage has not been consummated; if either party did not validly consent to the marriage (for example, if you were forced or pressured into marrying) or where either party is seeking gender recognition or has changed their gender. If your marriage is voidable it will be valid until it is annulled by a decree of nullity (an order from the court). Annulment is likely to be appropriate in cases of forced marriages. If you believe your marriage may be void or voidable seek legal advice by contacting a solicitor or our advice line. The law relating to divorce can be complex. We have provided only a very basic overview of the law. We would strongly advise any woman involved in these situations to seek legal advice from our advice line, a solicitor or the organisations listed below. Please note that the law as set out in this legal guide is the law as it stood at the date of publication. The law may have changed since then and accordingly you are advised to take up to date legal advice. Rights of Women cannot accept responsibility for any reliance placed on the legal information contained in this guide. This legal guide is designed to give general advice only. Rights of Women December 2009

8 For free, confidential, legal advice on family law issues including divorce and relationship breakdown, children, domestic violence and lesbian parenting call our Family Law Advice Line on (telephone) or (textphone) on Mondays 11am 1pm, Tuesdays and Wednesdays 2 4pm and 7 9pm, Thursdays 7 9pm and Fridays 12noon 2pm. For free, confidential, legal advice on criminal law issues including domestic and sexual violence call our Criminal Law Advice Line on (telephone) or (textphone) on Tuesdays 11am 1pm and Thursdays 2 4pm. For free, confidential, legal advice on immigration and asylum law, including in relation to financial support issues call our Immigration and Asylum Law Advice Line on (telephone) or (textphone) on Mondays 2 4pm and Wednesdays 11am 1pm. Other useful contacts Community Legal Advice (for finding a family solicitor) Department of work and pensions Gingerbread (advice for single parents) gov. uk/advisersearch.do National Domestic Violence Helpline helpline.org.uk Samaritans Shelter Rights of Women, Featherstone Street, London EC1Y 8RT Office: Website: Charity number: Funded by London Councils

A GUIDE TO FAMILY LAW LEGAL AID

A GUIDE TO FAMILY LAW LEGAL AID A GUIDE TO FAMILY LAW LEGAL AID Important new rules in relation to legal aid were introduced on 1 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This legal guide

More information

DOMESTIC VIOLENCE, HOUSING AND HOMELESSNESS

DOMESTIC VIOLENCE, HOUSING AND HOMELESSNESS DOMESTIC VIOLENCE, HOUSING AND HOMELESSNESS Domestic violence accounts for around a quarter of all recorded crime and is one of the leading causes of homelessness for women. This guide sets out your housing

More information

A GUIDE TO FINANCIAL ARRANGEMENTS AFTER MARRIAGE BREAKDOWN

A GUIDE TO FINANCIAL ARRANGEMENTS AFTER MARRIAGE BREAKDOWN A GUIDE TO FINANCIAL ARRANGEMENTS AFTER MARRIAGE BREAKDOWN This legal guide sets out the law and procedure as it relates to separating your finances following divorce or judicial separation. We cannot

More information

Divorce and Separation: A JD Law guide

Divorce and Separation: A JD Law guide Divorce and Separation: A JD Law guide The Office for National Statistics estimates that over 40 per cent of all marriages in England and Wales end in divorce, with around 120,000 couples parting ways

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

Guides & Advice. Guide to Getting Divorced

Guides & Advice. Guide to Getting Divorced Guides & Advice Guide to Getting Divorced Our Family Team A relationship breakdown or other issue within your family is rarely straightforward and can be emotionally and financially challenging. In these

More information

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS If you are experiencing or have experienced domestic volence and/or sexual violence there are a number of ways the law can protect

More information

Supporting notes for guidance on completing a divorce/dissolution/(judicial) separation petition

Supporting notes for guidance on completing a divorce/dissolution/(judicial) separation petition Supporting notes for guidance on completing a divorce/dissolution/(judicial) separation petition Important You should complete this petition if you wish to make an application to the court to dissolve

More information

Divorce/dissolution/ (judicial) separation petition

Divorce/dissolution/ (judicial) separation petition Divce/dissolution/ (judicial) separation petition To be completed by the Court Name of court Case No. Date received by the court Family Court sitting at Bristol BS14D00123 Date issued Time issued Fee charged/remission

More information

Divorce Legal Solutions Policy Document

Divorce Legal Solutions Policy Document Divorce Legal Solutions Policy Document Please read this document carefully to familiarise yourself with your policy cover and how you can contact us if you experience a breakdown of your marriage or civil

More information

Guide to Divorce and Separation

Guide to Divorce and Separation Family Law Web Guide A guide by Guillaumes Solicitors Introduction The breakdown of a relationship can be a difficult and challenging time. The pressure and anxiety of splitting up, applying for divorce,

More information

A guide to lesbian parenting

A guide to lesbian parenting A guide to lesbian parenting Deciding to co-parent a child or children with your lesbian partner can be exciting but complicated. You may decide to foster or adopt a child, conceive by artificial or donor

More information

Family Law Fact Sheet

Family Law Fact Sheet Family Law Fact Sheet DIVORCE, SEPARATION & DISSOLUTION OF CIVIL PARTNERSHIPS Do I have an automatic right to obtain a Divorce? No. The only way to obtain a divorce is to prove that the marriage is irretrievably

More information

A GUIDE TO CRIMINAL INJURIES COMPENSATION

A GUIDE TO CRIMINAL INJURIES COMPENSATION A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced

More information

Guide to the financial consequences of divorce.

Guide to the financial consequences of divorce. Stephensons legal services the way you want them www.stephensons.co.uk 01942 777777 Guide to the financial consequences of divorce. Stephensons legal services the way you want them 3 Contents 3 Introduction

More information

Child maintenance and staying safe. a child maintenance decisions guide

Child maintenance and staying safe. a child maintenance decisions guide Child maintenance and staying safe a child maintenance decisions guide Sorting out separation Web app Get help with issues around your break-up with an easy-to-use web app tailored to your needs including:

More information

Section 2-Proof of Breakdown of Marriage.

Section 2-Proof of Breakdown of Marriage. MATRIMONIAL CAUSES ACT 1971 (ACT 367) Section 1-Petition for Divorce. (1) A petition for divorce may be presented to the court by either party to a marriage. (2) The sole ground for granting a petition

More information

DIVORCE AND SEPARATION

DIVORCE AND SEPARATION DIVORCE AND SEPARATION What are the reasons for a divorce? In Virginia, you can get a divorce for six reasons. Two reasons don't need a waiting period: Adultery, sodomy or buggery. These are very difficult

More information

THE BASICS Getting a Divorce in New York State

THE BASICS Getting a Divorce in New York State THE BASICS Getting a Divorce in New York State Either the wife or the husband can ask a Court for a divorce. In this booklet, we say that the wife is the person who will go to Court to request a divorce

More information

Family Law Act CHAPTER 27. Reprinted 1999

Family Law Act CHAPTER 27. Reprinted 1999 Family Law Act 1996 CHAPTER 27 First Published 1996 Reprinted 1999 Family Law Act 1996 CHAPTER 27 ARRANGEMENT OF SECTIONS PART I PRINCIPLES OF PARTS II AND III Section 1. The general principles underlying

More information

PROTECTING YOUR FAMILY

PROTECTING YOUR FAMILY Amicus Law Really Useful Guide To PROTECTING YOUR FAMILY Divorce, Separation and Settlements amicus law The best separation and divorce specialists in the South West Friendly yet tenacious; We are on your

More information

FIXED FEE DIVORCE AND FAMILY LAW SERVICES

FIXED FEE DIVORCE AND FAMILY LAW SERVICES 01226 210000 www.mkbsolicitors.co.uk info@mkbsolicitors.co.uk Please feel free to telephone the office and request to speak to a member of the family team Page 1 of 12 If your relationship has broken down

More information

Family law in Jersey. Bedell Cristin Jersey briefing. Introduction. Breakdown of a marriage or civil partnership. briefing

Family law in Jersey. Bedell Cristin Jersey briefing. Introduction. Breakdown of a marriage or civil partnership. briefing www.bedellgroup.com Jersey Guernsey London Dublin Mauritius BVI Singapore Family law in Jersey Bedell Cristin Jersey briefing briefing Introduction This briefing is intended to provide answers to some

More information

One party. application for Order dissolving a marriage or civil union. Dissolution (divorce) application. pack

One party. application for Order dissolving a marriage or civil union. Dissolution (divorce) application. pack One party application for Order dissolving a marriage or civil union Dissolution (divorce) application 1 pack Application by one party for Order dissolving a marriage or civil union Dissolution application

More information

Divorce. Consumer Pamphlet Series

Divorce. Consumer Pamphlet Series Divorce Consumer Pamphlet Series Foreword Divorce affects, directly or indirectly, virtually every family in the country. The following information is designed to briefly summarize Georgia s divorce laws.

More information

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated. EX50 Civil and Family Court Fees High Court and County Court - From April 2011 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is

More information

Divorce/dissolution/ (judicial) separation petition

Divorce/dissolution/ (judicial) separation petition Divce/dissolution/ (judicial) separation petition To be completed by the Court Name of court Case No. Date received by the court Date issued Time issued Notes to Petitioners This fm should be used if you

More information

All Women. One Family Law.

All Women. One Family Law. 11 Marriage and Divorce ENG 011 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Marriage and Divorce This booklet is meant to give you a basic understanding of legal issues.

More information

SELF-REPRESENTED UNCONTESTED DIVORCE IN NEW YORK STATE Rural Law Center of New York, Inc.

SELF-REPRESENTED UNCONTESTED DIVORCE IN NEW YORK STATE Rural Law Center of New York, Inc. This material is provided to answer general questions about the law in New York State. The information and forms were created to assist readers with general issues and not specific situations, and, as

More information

A guide to helping you move on. QualitySolicitors Mirza

A guide to helping you move on. QualitySolicitors Mirza A guide to helping you move on. QualitySolicitors Mirza 2 A guide to help you We understand just how stressful and upsetting ending a relationship can be. We re here to make things as simple and stress-free

More information

INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN

INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN GENERAL COMMENTS This is the form packet for people who want to file their own divorce in Clayton County, and who do not have any

More information

For people who want to take a dispute to court

For people who want to take a dispute to court How do I make a court claim? For people who want to take a dispute to court EX302 About this leaflet This leaflet is for people who want to take a claim to court. It explains: how to prepare your court

More information

Family Law - Divorce FAQ

Family Law - Divorce FAQ Family Law - Divorce FAQ We have only been married a short time when can I start a divorce? You cannot start a divorce until you have been married for at least 12 months and you must show that the marriage

More information

Acknowledgements. The 10th edition of Women and Family Law was updated by the solicitors at Women s Legal Services NSW.

Acknowledgements. The 10th edition of Women and Family Law was updated by the solicitors at Women s Legal Services NSW. Women and Family Law - 10th edition Acknowledgements The 10th edition of Women and Family Law was updated by the solicitors at Women s Legal Services NSW. Cover designed by Miska Graphics Layout and design

More information

COMPLAINT FOR DIVORCE WITH MINOR CHILDREN

COMPLAINT FOR DIVORCE WITH MINOR CHILDREN SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA vs. Plaintiff, Defendant.,, Civil Action Case Number COMPLAINT FOR DIVORCE WITH MINOR CHILDREN My name is and I am representing myself in this divorce action.

More information

Marriage and Divorce

Marriage and Divorce FAMILY LAW FOR WOMEN IN ONTARIO Marriage and Divorce All Women. One Family Law. Know your Rights. Canadian Council of Muslim Women (CCMW) has prepared this information to provide Muslim women with basic

More information

Fixed Price Divorce Solutions. Peace of mind at a price you can afford!

Fixed Price Divorce Solutions. Peace of mind at a price you can afford! Fixed Price Divorce Solutions Peace of mind at a price you can afford! Time to move on We offer a range of fast, simple and cost effective uncontested divorce services. Coodes Solicitors Divorce We know

More information

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated. EX50 Civil and Family Court Fees From 22 April 2014 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fees.

More information

Tioga county DIVORCE WHERE PARTIES CONSENT TO THE DIVORCE AND NO PROPERTY NEEDS TO BE DIVIDED. Self help divorce kit

Tioga county DIVORCE WHERE PARTIES CONSENT TO THE DIVORCE AND NO PROPERTY NEEDS TO BE DIVIDED. Self help divorce kit Tioga county DIVORCE WHERE PARTIES CONSENT TO THE DIVORCE AND NO PROPERTY NEEDS TO BE DIVIDED Self help divorce kit IT IS STRONGLY RECOMMENDED THAT YOU CONSULT AN ATTORNEY!! DISCLAIMER THE STAFF IN ANY

More information

A Guide to. Divorce Obtaining Financial Orders. Understand why financial orders are so important. Understand how to obtain a financial order.

A Guide to. Divorce Obtaining Financial Orders. Understand why financial orders are so important. Understand how to obtain a financial order. A Guide to Divorce Obtaining Financial Orders Understand why financial orders are so important. Understand how to obtain a financial order. Understand what financial orders are available. Section 1 This

More information

EX302. How to make a claim. Where do I start my claim?

EX302. How to make a claim. Where do I start my claim? How to make a claim EX302 Before issuing a claim you may find it useful to read the leaflet EX301 - Making a claim? Some questions to ask yourself. It sets out some important things to consider before

More information

GENERAL INSTRUCTIONS For Use with All DOM REL Forms

GENERAL INSTRUCTIONS For Use with All DOM REL Forms Please read these instructions before you file your papers. These instructions may contain some legal words that are not familiar to you. A list of common legal words and their definitions is attached.

More information

Family Law in the NWT. Rights. Responsibilities. Answers. Information.

Family Law in the NWT. Rights. Responsibilities. Answers. Information. Family Law in the NWT. Rights. Responsibilities. Answers. Information. March 2013 HOW TO USE THIS GUIDE v Table of Contents Section 1 Family Law in the NWT WHAT IS FAMILY LAW? 1-1 ACTS AND REGULATIONS

More information

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 ECONOMIC ISSUES REGARDING MARRIAGE AND DISSOLUTION OF MARRIAGE ASSETS

More information

Domestic abuse. East Surrey Contact Directory

Domestic abuse. East Surrey Contact Directory Domestic abuse East Surrey Contact Directory Introduction Domestic abuse comes in many forms. It can include psychological, emotional, financial, sexual and physical abuse. Just because it doesn't show

More information

BERMUDA MATRIMONIAL CAUSES ACT 1974 1974 : 74

BERMUDA MATRIMONIAL CAUSES ACT 1974 1974 : 74 QUO FA T A F U E R N T BERMUDA MATRIMONIAL CAUSES ACT 1974 1974 : 74 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Interpretation PART I PART II JURISDICTION IN MATRIMONIAL PROCEEDINGS

More information

Marriage (Same Sex Couples) Act: A factsheet

Marriage (Same Sex Couples) Act: A factsheet Marriage (Same Sex Couples) Act: A factsheet Marriage is a hugely important institution in this country. The principles of long-term commitment and responsibility which underpin it bind society together

More information

OFFICE OF THE LAW COMMISSION OLD HIGH COURT BUILDING DHAKA-1000

OFFICE OF THE LAW COMMISSION OLD HIGH COURT BUILDING DHAKA-1000 GOVERNMENT OF THE PEOPLE S REPUBLIC OF BANGLADESH THE LAW COMMISSION -SUBJECT- A FINAL REPORT ON THE PROPOSED AMENDMENT OF THE DIVORCE ACT, 1869 (ACT 1V OF 1869) ALONG WITH A DRAFT OF THE DIVORCE ACT,

More information

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated. EX50 Civil and Family Court Fees From 6 April 2015 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fees.

More information

In divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18.

In divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18. How Is A Divorce Settlement Reached? In divorce or civil partnership dissolution the court's first consideration is given to the welfare of any children under the age of 18. In financial proceedings the

More information

Orders of Protection

Orders of Protection Orders of Protection Hotline: (212) 343-1122 www.liftonline.org This guide answers questions that you may have if an order of protection has been filed against you in Criminal Court or Family Court. The

More information

5c. Did the Wife have a Child with Another Man while Married to the Husband?

5c. Did the Wife have a Child with Another Man while Married to the Husband? NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Cause Number: IN THE MATTER OF THE MARRIAGE OF Petitioner: Print first, middle and last name of the spouse filing for divorce. And Respondent: Print first,

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

Divorce in Florida CAN YOUR MARRIAGE BE SAVED? Before you take any legal steps to end your marriage, you should make sure that you have tried all possible ways to save it. Do you want professional help

More information

INSTRUCTIONS FOR COMPLETING THE PETITION TO CORRECT A BIRTH CERTIFICATE

INSTRUCTIONS FOR COMPLETING THE PETITION TO CORRECT A BIRTH CERTIFICATE INSTRUCTIONS FOR COMPLETING THE PETITION TO CORRECT A BIRTH CERTIFICATE About the Petition Who can file a petition to amend a birth certificate? You can only apply to amend a birth certificate if you are

More information

Family Law. Terms and Definitions. Second Edition

Family Law. Terms and Definitions. Second Edition Family Law Terms and Definitions Second Edition Introduction The purpose of this booklet is to provide Newfoundlanders and Labradorians with a reference for the terms and definitions that are commonly

More information

Uncontested Divorce Booklet

Uncontested Divorce Booklet Uncontested Divorce Booklet For Uncontested Divorces Without Children Under 21 Instructions and Practice Forms New York State Unified Court System This instruction booklet and official divorce forms are

More information

Filing a Form I-360 Self-Petition under the Violence Against Women Act

Filing a Form I-360 Self-Petition under the Violence Against Women Act Filing a Form I-360 Self-Petition under the Violence Against Women Act Prepared by: Northwest Immigrant Rights Project http://www.nwirp.org 615 Second Avenue, Suite 400 Seattle, Washington 98104 (206)

More information

What You Need to Know About Divorce

What You Need to Know About Divorce What You Need to Know About Divorce There are four main steps in a divorce: 1. 2. 3. 4. Your lawyer writes the divorce papers and files them with the court. The sheriff s department gives (serves) your

More information

Filing a Form I-751 Waiver of the Joint Filing Requirement of the Petition to Remove Conditions on Residence

Filing a Form I-751 Waiver of the Joint Filing Requirement of the Petition to Remove Conditions on Residence Filing a Form I-751 Waiver of the Joint Filing Requirement of the Petition to Remove Conditions on Residence Prepared by: Northwest Immigrant Rights Project http://www.nwirp.org 615 Second Avenue, Suite

More information

The Uncontested Divorce Process in Texas

The Uncontested Divorce Process in Texas The Uncontested Divorce Process in Texas This guide is intended to help you use the divorce forms provided by www.texaslawhelp.org for an uncontested divorce. Is your divorce contested? -Or- Is your divorce

More information

Exploring the myths about divorce and separation

Exploring the myths about divorce and separation Exploring the myths about divorce and separation Exploring the myths about divorce and separation 1 Exploring the myths about divorce and separation 2009 Woolley & Co, Solicitors ISBN: 978-1-906316-38-9

More information

DIVORCE LAW IN HAWAI I

DIVORCE LAW IN HAWAI I DIVORCE LAW IN HAWAI I Important: Every state has its own divorce laws. If you are getting divorced in another state, or if you have received divorce papers from a state other than Hawai i, this brochure

More information

Original Petition for Divorce

Original Petition for Divorce NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Cause Number: (The Clerk s office will fill in the Cause Number and Court Number when you file this form.) IN THE MATTER OF THE MARRIAGE OF Petitioner: Print

More information

Domestic Abuse and Support Services Websites

Domestic Abuse and Support Services Websites Domestic Abuse and Support Services Websites This document was compiled in 2010 when every effort was made to ensure its accuracy. Please alert cedar if you become aware of updates, changes, deletions

More information

Legal Information for Same Sex Couples

Legal Information for Same Sex Couples Community Legal Information Association of Prince Edward Island, Inc. Legal Information for Same Sex Couples People in same sex relationships often have questions about their rights and the rights of their

More information

INFORMATION ON DIVORCE IN FLORIDA

INFORMATION ON DIVORCE IN FLORIDA INFORMATION ON DIVORCE IN FLORIDA CAN YOUR MARRIAGE BE SAVED? Are you sure your marriage cannot be saved? Before you take any legal steps to end your marriage, you may consider possible ways to save it.

More information

2015 SUMMER PLACEMENT & WORK EXPERIENCE OPPORTUNITIES

2015 SUMMER PLACEMENT & WORK EXPERIENCE OPPORTUNITIES 2015 SUMMER PLACEMENT & WORK EXPERIENCE OPPORTUNITIES Batch 4 You may wish to apply for one of the following competitive placement and work experience opportunities run by legal and other organisations.

More information

Violence takes many forms. It is unacceptable whenever it happens.

Violence takes many forms. It is unacceptable whenever it happens. FAMILY VIOLENCE Violence takes many forms. It is unacceptable whenever it happens. Violence by a family member who is loved and trusted can be particularly devastating. Family violence happens where the

More information

[5] Civil legal aid what you may have to pay

[5] Civil legal aid what you may have to pay [5] Civil legal aid what you may have to pay It s important that you understand, before your solicitor starts working for you, what you might have to pay. This leaflet explains: what you might have to

More information

The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 - Evidence Requirements for Private Family Law Matters

The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 - Evidence Requirements for Private Family Law Matters The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 - Evidence Requirements for Private Family Law Matters Version Issue date Last review date Owned by 3 April 2013 22 nd April 2014

More information

JEWISH DIVORCE? Why do I need a. Questions & Answers about Divorce for Jewish Women. www.acttoendvaw.org. 4 Color.

JEWISH DIVORCE? Why do I need a. Questions & Answers about Divorce for Jewish Women. www.acttoendvaw.org. 4 Color. Why do I need a JEWISH DIVORCE? Questions & Answers about Divorce for Jewish Women The views expressed in these materials are the views of Act to End Violence Against Women and FLEW and do not necessarily

More information

Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW

Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW CONTENTS INTRODUCTION... 1 CAN YOU GET DIVORCED IN MASSACHUSETTS?... 3 CAN YOU FILE YOUR DIVORCE IN BERKSHIRE COUNTY?... 4 THE DIVORCE PROCESS...

More information

Domestic Violence: Can the Legal System Help Protect Me?

Domestic Violence: Can the Legal System Help Protect Me? Domestic Violence: Can the Legal System Help Protect Me? What is domestic violence? Domestic violence is a pattern of physically and/or emotionally abusive behavior used to control another person with

More information

Housing options for single parents

Housing options for single parents Formed from the merger of the National Council for One Parent Families and Gingerbread Factsheet For single parents in England and Wales February 2012 Freephone 0808 802 0925 Gingerbread Single Parent

More information

APPLICATION TO FILE AN ISLAMIC DIVORCE (KHULA)

APPLICATION TO FILE AN ISLAMIC DIVORCE (KHULA) APPLICATION TO FILE AN ISLAMIC DIVORCE (KHULA) LETTER OF AUTHORITY & ACCEPTANCE I (Name of Wife) Of (Address) Email Contact Telephone Authorize the Islamic Sharia Council to investigate my case and then

More information

Divorce for Same-Sex Couples Who Live in Non-Recognition States: A Guide For Attorneys

Divorce for Same-Sex Couples Who Live in Non-Recognition States: A Guide For Attorneys Divorce for Same-Sex Couples Who Live in Non-Recognition States: A Guide For Attorneys BACKGROUND A growing number of states recognize marriages between same-sex spouses, or comprehensive registered domestic

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

All Women. One Family Law.

All Women. One Family Law. 7 Family Law Arbitration ENG 007 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Family Law Arbitration This booklet is meant to give you a basic understanding of legal issues.

More information

Dissolution of a Civil Partnership Procedure For Obtaining Financial Orders (Ancillary Relief)

Dissolution of a Civil Partnership Procedure For Obtaining Financial Orders (Ancillary Relief) Royal Court of Jersey Family Division Dissolution of a Civil Partnership Procedure For Obtaining Financial Orders (Ancillary Relief) Judicial Greffe Royal Court House Royal Square St Helier JE1 1JG Tel:

More information

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining

More information

INSTRUCTIONS: HOW TO RESPOND TO DISSOLUTION (DIVORCE) PAPERS FOR A NON-COVENANT MARRIAGE WITHOUT MINOR CHILDREN

INSTRUCTIONS: HOW TO RESPOND TO DISSOLUTION (DIVORCE) PAPERS FOR A NON-COVENANT MARRIAGE WITHOUT MINOR CHILDREN INSTRUCTIONS: HOW TO RESPOND TO DISSOLUTION (DIVORCE) PAPERS FOR A NON-COVENANT MARRIAGE WITHOUT MINOR CHILDREN DOMESTIC VIOLENCE: Domestic violence can be part of any marriage. Domestic violence includes

More information

The Uncontested Divorce Process in Texas

The Uncontested Divorce Process in Texas This guide is intended to help you use the uncontested divorce forms provided by www.texaslawhelp.org The Uncontested Divorce Process in Texas Do not use these forms or this guide if: Your divorce is contested*

More information

Divorce Law in Iowa. Iowa Legal Aid. When the Family. Questions and Answers. iowalegalaid.org. About Iowa Law on Divorce Issues

Divorce Law in Iowa. Iowa Legal Aid. When the Family. Questions and Answers. iowalegalaid.org. About Iowa Law on Divorce Issues Divorce Law in Iowa When the Family Has Questions and Answers About Iowa Law on Divorce Issues Iowa Legal Aid iowalegalaid.org IMPORTANT NOTICE: READ THIS INFORMATION BEFORE USING ANY PART OF THIS PUBLICATION

More information

Lebanon County Court of Common Pleas. Divorce Handbook For Self-Represented Litigants

Lebanon County Court of Common Pleas. Divorce Handbook For Self-Represented Litigants Lebanon County Court of Common Pleas Divorce Handbook For Self-Represented Litigants August 2014 I. INTRODUCTION A divorce is a way to legally end your marriage. It is recommended that you at least speak

More information

THE BASICS Getting Spousal Support in New York State

THE BASICS Getting Spousal Support in New York State THE BASICS Getting Spousal Support in New York State In this booklet, we call the person who receives support the wife or ex-wife. And we call the person who pays support the husband or ex-husband. This

More information

Local Court Rules for the 27 th Judicial District

Local Court Rules for the 27 th Judicial District Local Court Rules for the 27 th Judicial District RULE No. 1. Prefatory Rule. These district court rules supersede all other district court rules of the 27th Judicial District. These rules are designed

More information

Fixed Price Divorce Solutions. Peace of mind at a price you can afford!

Fixed Price Divorce Solutions. Peace of mind at a price you can afford! Fixed Price Divorce Solutions Peace of mind at a price you can afford! Time to move on We offer a range of fast, simple and cost effective uncontested divorce services. Coodes Solicitors Divorce We know

More information

INSTRUCTIONS FOR FILING A PETITION FOR LEGITIMATION AND CUSTODY/VISITATION

INSTRUCTIONS FOR FILING A PETITION FOR LEGITIMATION AND CUSTODY/VISITATION INSTRUCTIONS FOR FILING A PETITION FOR LEGITIMATION AND CUSTODY/VISITATION GENERAL COMMENTS This is the form packet for a biological father of a child born out of wedlock to file on his own a Petition

More information

(REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT GROUNDS FOR DIVORCE

(REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT GROUNDS FOR DIVORCE (REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT 3 GROUNDS FOR DIVORCE (REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT GROUNDS FOR DIVORCE When you file for divorce, you will need to choose a legal

More information

Property Settlements in the Family Court and the Federal Magistrates Court

Property Settlements in the Family Court and the Federal Magistrates Court Property Settlements in the Family Court and the Federal Magistrates Court This information is based on the law as at. It is written for the use and benefit of women who contact the Women s Legal Centre

More information

Deferring your State Pension

Deferring your State Pension Deferring your State Pension October 2014 2 Contents 4 Introduction 5 When can I get my State Pension? 6 Putting off claiming your State Pension 8 What are my choices? 9 How much more money could I get?

More information

Ohio Judicial Conference Family Matters: The Legal System

Ohio Judicial Conference Family Matters: The Legal System Ohio Judicial Conference Family Matters: The Legal System People go to a divorce lawyer for many reasons. Some want to get their spouse's attention, change behavior or send a warning. Others, having given

More information

Civil legal aid information for applicants

Civil legal aid information for applicants Civil legal aid information for applicants This leaflet covers both civil legal aid and advice and assistance Solicitors you must give this leaflet to clients before they complete a financial eligibility

More information

"party" -- a person named in a Complaint (the Plaintiff or Defendant).

party -- a person named in a Complaint (the Plaintiff or Defendant). PRO SE DIVORCE These forms, information and instructions have been developed so you will not need a lawyer to file for a no fault consensual divorce. You may file legal papers and appear in court by yourself.

More information

Making a complaint Information Guide

Making a complaint Information Guide Making a complaint Information Guide This guidance is to assist disabled people and / or their family members who feel they may have received a less favourable service (discrimination) due to their disability.

More information

IN THE SUPREME COURT OF BELIZE A.D DIVORCE

IN THE SUPREME COURT OF BELIZE A.D DIVORCE CLAIM NO. 72 OF 2008 IN THE SUPREME COURT OF BELIZE A.D. 2008 DIVORCE BETWEEN ARTHUR LINSFORD LOCKWOOD PETITIONER AND ADELAIDA CRUZITA LOCKWOOD RESPONDENT Mrs. Dolores Balderamos Garcia, for petitioner.

More information

Required Employment D Documents Document Options for Ve erifying Eligibility Legal S Spouse Eligibility requirements:

Required Employment D Documents Document Options for Ve erifying Eligibility Legal S Spouse Eligibility requirements: Required Employment Documents Below is a list of eligibility rules and documents required to verify the eligibility of each dependent. In some cases, at least TWO forms of documentation aree required.

More information

Dealing With Debt. How to petition for your own bankruptcy

Dealing With Debt. How to petition for your own bankruptcy Dealing With Debt How to petition for your own bankruptcy Contents 1 2 3 4 5 6 7 8 9 10 11 12 Annex A Where can I get advice about bankruptcy? What are the alternatives to bankruptcy? How do I petition

More information

Marriage (Same Sex Couples) Act 2013

Marriage (Same Sex Couples) Act 2013 Marriage (Same Sex Couples) Act 2013 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 10.75 Marriage (Same Sex Couples) Act 2013 CHAPTER

More information